John:

For the second time this week I have exciting news to share with you! Yesterday, we secured a resounding victory for free speech ([link removed] ) in a federal appellate court in one of our longest-running cases—that of retired Texas veterinarian Dr. Ron Hines.

The U.S. Court of Appeals for the 5th Circuit adopted our arguments and embraced our theory of the law that speech doesn’t become conduct just because it’s related to a profession.

Ron exemplifies this distinction.

Ron is a retired and physically disabled veterinarian. For 10 years, Ron used the internet to give advice to pet owners across the country and around the world. His advice was often free, and he mainly helped people without access to veterinarians and those who could not afford traditional veterinary care.

But in 2012, the Texas State Board of Veterinary Medical Examiners told Ron that he’d been breaking the law for a decade. In Texas, it is illegal for a vet to give advice online without first physically examining the animal. Ron was reprimanded, fined, and his license suspended.

But all Ron does is speak—giving people advice about their pets and farm animals. Ironically, Texas allows telemedicine for people, just not for animals, prompting Judge Don Willet in the opinion to note—in best dad-joke fashion—that in Texas “exam-free telehealth…is fine for your Uncle Bernard, but not for your Saint Bernard.”

“I fought this long battle for the next generation of veterinarians, pet owners, and animals, especially those around the world who don’t have access to an American vet.”

- Dr. Ron Hines

Ron first teamed up with IJ in 2013 to challenge this restriction, but an earlier panel of the 5th Circuit ruled in 2015 that his advice was regulated by occupational licensure and hence not protected by the First Amendment. After a landmark 2018 Supreme Court decision rejected the so-called “professional speech doctrine,” which excluded occupational speech from the First Amendment, Ron again partnered with us to vindicate his right to free speech, leading to yesterday’s win.

This victory is a vindication of a decade of relentless, skilled, and determined legal advocacy by IJ to develop legal protection for the right to speak for a living. And it is only possible for us to take on these lengthy legal battles because of our dedicated supporters.

Thank you for standing with us.

Scott

Scott G. Bullock

President and Chief Counsel

Institute for Justice

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